TERMS & CONDITIONS OF SALE

BOARD OF COUNTY COMMISSIONERS
BROWARD COUNTY, FLORIDA
FLEET SERVICES DIVISION

TIMED AUCTION OF SURPLUS
SURPLUS TRANSIT BUSES

August 2024

1. SCOPE:

• The School Board of Broward County will conduct a public auction of District Owned School Buses, Vehicles and Equipment that have been declared as surplus to the needs of The District.

1. SCOPE:

• The Board of County Commissioners, Broward County, will conduct a public auction of County-Owned Transit Buses. These vehicles and equipment have been declared surplus to the needs of Broward County.

2. AUCTION DATE:

• This auction will be a Timed On-Line Auction. Bids will be received at www.natlauction.com and conducted on Proxibid.com.
• Registration for the auction will be done through Proxibid.com, and bidders will be required to comply with the terms established by Proxibid.com.
• The auction is scheduled to open on July 31, 2024, at 10:00 A.M. and end on August 7, 2024. Lots will start closing at 3:00 P.M. based on their Lot Numbers. All times associated with this auction will be based on Eastern Standard Time (EST).
• The auction website will use staggered closing times, but all bids will close on August 7, 2024.
• All top bid prices will be reported to The Board of County Commissioners, Broward County, Florida. Bids received after published closing times will not be accepted except those that fall under the conditions of Bid Extensions.
• Bid Extensions
1. If a bid or bids are made during the last two minutes of an auction, the ending time will be extended for an additional two minutes.
2. Extensions will continue until no further bids are received.
3. This process is under the control of Proxibid.
• All Vehicles & Equipment included in this Timed-Bid Auction are offered Subject to the Confirmation of the Seller, the Broward County Board of County Commissioners.
1. If top bid prices are not confirmed by the Seller, items may be withdrawn, included in an auction to be conducted at a future time, or disposed of as designated by the Broward County Board of County Commissioners.
2. It is expected all Top Bidders will be notified their bid has either been accepted or rejected no later than 24 hours from the time the auction closes.
• The Auctioneer and Broward County reserve the right to establish minimum opening bid prices.

3. AUCTION SITE:

• The Auction will be conducted by National Auction Company on the auction platform of Proxibid.com.

4. INSPECTION OF VEHICLES:

• The Transit Buses scheduled for inclusion in this auction are not available for preview.
• For the purpose of this auction, prospective bidders should assume the Buses do not start or run. It is noted some of the Buses can be started and were driven to their present location.
• Prospective bidders are not permitted to enter work areas without specific authorization from Broward County and must provide Identification.
• The Auctioneer and his staff have provided information pertaining to each item included in the auction and designed to provide an indication of the current condition of the Buses included in the auction. Photographs and descriptions are published on the Proxibid website.
• Some of the vehicles included in this auction will have to be towed. Purchasers/Bidders must make their own arrangements for towing.
• While efforts have been made to accurately describe and illustrate the condition of each Bus included in this auction, it is possible all defects were not observed or included in descriptions.
• Information regarding odometer readings might not be accurate even though efforts are made to confirm and provide correct information. The information provided was taken from records maintained by Broward County Transit. In the event actual odometer readings are different from those reported in auction information, will not be a cause for invalidating the sale.
• If you have specific questions or need other information, please contact George Richards at (954) 658-5033.

5. COLLUSION:

• Collusion is defined as an agreement among competitive bidders to raise, fix, or otherwise maintain the price at which goods or services are sold.
• Auctions are governed under the Sherman Act enacted in 1890. The Sherman Act prohibits any agreement among competitors to fix prices, rig bids or engage in other anti-competitive activity.
• Violations of the Sherman Act may be considered to be a felony and punishable by fines established in the Act.
• Bidders planning to participate in this auction should be aware violations that come to the attention of National Auction Company will be reported to Broward County Board of County Commissioners.

6. CONDITIONS OF SALE AND DELIVERY-TERMS AND INDEMNIFICATION:

• Broward County, as a casual seller, is selling surplus Transit Buses at Public Auction, for cash, to the highest bidders. Announcements made by the Auctioneer will be made through the website and e-mailed to all registered bidders. Despite efforts to avoid withdrawal of items from the auction list after being scheduled for inclusion in an upcoming auction event, is sometimes necessary. The Broward County Board of County Commissioners reserves the right to do so and reserves the right to accept or reject any/all bids.
• Buyer (s) shall at all times hereafter indemnify, hold harmless and, defend County, its officers, agents, servants, and employees from and against any and all causes of action, damages, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, causes or alleged to be caused by intentional or a negligent act of, or omission of, Buyer, its subcontractors, employees, agents, servants, or officers, or resulting from, or related to the subject matter of this Agreement including, without limitation, the removal of any property purchased by the Buyer from the County, the sale by Buyer of any such property to third parties, any defect in the operation or physical condition of any such property and any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damaged sustained by any person or property. In the event any lawsuit or other proceeding is brought against COUNTY by reason of any such claim, cause of action or demand, Buyer shall, upon written notice from COUNTY, resist and defend such lawsuit or proceeding by counsel satisfactory to the COUNTY or, at COUNTY’s option, pay for an attorney selected by County Attorney to defend COUNTY. To the extent considered necessary by the Contract Administrator and the County Attorney, any sums due Buyer under this Agreement may be retained by COUNTY until all COUNTY’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement.
• All Transit Buses are offered and sold “as is” and “where is.” The Broward County Board of County Commissioners makes no warranties or guarantees either expressed or implied concerning the operation or condition of any item offered in this auction.
• Once top bid prices have been received and communicated to Broward County Personnel, all sales are final, and there will be no refunds or exchanges.
• All bidders taking part in this auction specifically agree to comply with all terms and provisions as listed above.

7. BUYER’S PREMIUM:

• A 7% Buyer’s Premium will be added to all top bid prices and included in the final purchase price.

8. NOTIFICATION TO TOP BIDDERS AND PAYMENTS:

• All Top Bidders will be notified their bid has been accepted by the National Auction Company through the same E-Mail address supplied at the time of Bidder Registration.
• Payments can be made by Cash, Money Order, or Cashier’s Check. All checks should be made payable to National Auction Company, Auctioneer’s Escrow Account. Personal and Corporate Checks will be accepted only when accompanied by a current bank letter that guarantees payment for purchases made at this auction.
• Credit cards, debit cards and ZELLE or other similar payment platforms are not acceptable forms of payment.
• Payments can also be made by Bank-to-Bank Wire Transfer. Please contact the Auctioneer for banking information. Purchasers making payment by wire transfer must include their name and bidder number to allow identification of incoming wires.
• Payments will be accepted beginning on August 8, 2024, and will continue through August 9, 2024, between the hours of 10:00 A.M. and 3:00 P.M. Payments must be made at the Fleet Services Administrative Office located at 1600 NW Blount Road, Pompano Beach, Florida 33069-5101.
• In the event a Top Bidder has purchased more than one item, payment in full must be received before anything can be removed from County property.
• If payments are not made by August 9, 2024, at 3:00 P.M., the Purchaser(s) will be considered in default, and the item(s) upon which they were the top bidder may be resold at the discretion of Broward County or the Auctioneer.
• All payments must be made in the name of the person or company who registered for the auction and were notified they were the top bidder. Purchaser invoices cannot be modified or changed to another name.
• Signs will be posted at Broward County Fleet Services directing purchasers to the area designated for use by the National Auction Company.

9. MOTOR VEHICLE TITLE TRANSFERS:

• Purchasers are responsible for transferring Certificates of Title into their name or company name as listed on the Invoice provided by the National Auction Company. Transfer of title must be completed within 10 days of the date set forth on the Invoice provided by the Auction Company.
• Registration Fees and Sales Tax must be paid at the time Certificates of Title are transferred.
• Certificates of Title will be closed to include the name of the Purchaser, their address, the date the vehicle was sold, and purchase price.
• Licensed Motor Vehicle dealers must provide a copy of their license and Sales Tax Resale Number at the time of bidder registration. In the event National Auction Company has not been supplied with a copy of a valid Purchaser’s Dealers License, it will be assumed the sale has been made to a non-licensed dealer.
• Open titles will not be given to any purchasers.
• It is expected Certificates of Title will be available at the time payments are made by Purchasers. In the event a Certificate of Title is unavailable, every effort will be made to secure it. Upon receipt, the Certificate of Title will be delivered to National Auction Company who will be responsible for transmitting it to the Purchaser

10. SALES TAX:

• Florida Sales Tax will be calculated on the full purchase price, that is, the top bid price plus a 7% Buyer’s Premium on non-titled equipment being offered and sold at this auction.
• National Auction Company does not collect sales tax on titled motor vehicles which must be paid at the time of title transfer.
• Dealers who purchase for resale must provide a copy of their 2024 resale certificate to lori@natlauction.com. In the event this certificate is not provided, sales tax will be charged.

11. DEFAULT:

• Purchasers who fail to complete the transaction under the conditions set forth in these Terms & Conditions of Sale and any deposits and/or payments made to the account of Broward County will be forfeited and vehicles or equipment will remain the property of Broward County. This provision includes failing to make payment in the time set forth in the Terms & Conditions of Sale.
• If a Top Bidder fails to make payment in full after being notified their bid has been accepted, at the discretion of Broward County and/or National Auction Company, the bidder’s name may be subject to removal from the mailing list and may not be permitted to participate in future auctions. This information will be reported to Proxibid and could limit the ability to participate in future auctions.

12. REMOVAL:

• Purchased items can ONLY be removed by APPOINTMENT with National Auction Company. Check-out times will be confirmed by Broward County Transit. APPOINTMENTS must be made through George Richards, National Auction Company at (954) 658-5033.
• All vehicles and equipment must be removed from Broward County Property within five business days after the auction closing date. In the event Transit Buses have not been removed by this time, the purchase price will be forfeited. After this date, the Purchaser will not be able to pick up and no refunds will be offered.
• Neither Broward County Transit or National Auction Company is responsible for any Transit Buses that remain at the auction site after completion of the auction.
• Neither Broward County Transit or National Auction Company is responsible for any damage resulting from assisting with the loading of a vehicle.
• Neither Broward County Transit or National Auction Company is responsible for any damage that may occur after the auction closes. Purchasers are encouraged to remove items as soon as possible.
• Purchasers must be accompanied by National Auction Company personnel when picking up Transit Buses and agree to provide Identification to Security Officers assigned at Broward County Transit facility.
• Purchasers will not be permitted to do any mechanical work on Broward County premises. There will be no exceptions to this policy and violation will result in forfeiture of any vehicle purchased. No refunds will be made.
• Purchasers contracting with Towing or Transport Services must be present when Transit Buses are being removed from Broward County property. Vehicles will not be released to towing or transport companies without written instructions having been received by the Auction Company.
• All towing and transport companies must check in at the Security Gate before entering and advise the name of the Purchaser who has employed their services.
• Purchasers, trucking companies and transporters are responsible for securing Transit Buses that are being towed.
• Purchases will be required to sign a receipt acknowledging receipt of purchased Transit Buses. Receipts will be required to remove any Transit Bus from Broward County property. Each item will be subject to verification by security personnel posted at Broward County Transit.
• It is understood additional time may be required for purchasers to remove items. Accommodations will be considered but it is expected arrangements will be communicated to National Auction Company personnel which are subject to the approval of Broward County personnel.
• It is possible some items may require special handling because of the area in which they are stored. Accommodations will be made as necessary for the convenience of Broward County and are subject to their approval.

13. BIDDER REGISTRATION:

• All bidders will be required to register with National Auction Company on the website of Proxibid.com. Each Bidder will be assigned a Bidder’s Number. The Bidder’s Number will be used and that number will be recorded for each sale. The auction will be conducted on Proxibid.com and their bidder registration requirements must be complied with.

14. DIRECTIONS-TRANSIT BUS PICKUP:

• It is expected all Transit Buses will be picked up through the Security Gate located on Blount Road which is north of Copans Road. The specific address of this location will be included with Purchaser Invoices. DIRECTIONS-AUCTION PAYMENTS:
• FROM I-95 (Broward County)
  Exit at Copans Road and continue West to Blount Road. At the traffic signal, turn left and continue to the auction site which is North of the Broward County Sheriff’s Office facility. Watch for the sign which says Broward County Bridges & Highways. Parking is available on the south side of the property.
• FROM The Florida Turnpike (Broward County)
  Exit at Coconut Creek Parkway (Dr. Martin Luther King, Jr. Boulevard) which is marked as Exit #67. After paying toll, continue to the traffic signal and turn left onto Coconut Creek Parkway (MLK Blvd.). Continue on Martin Luther King Boulevard to the traffic signal at NW 27 Avenue and make a U-Turn. At Blount Road, turn right, and the auction site will be on your right just past the Broward County Sheriff’s Office facility. Watch for the sign which says Broward County Bridges & Highways. Parking is available on the south side of the property.

15. AUCTION PARKING:

• There is a parking lot located on the south side of the main entrance of Broward County Bridges & Highways. Please be advised this is a secured facility and private vehicles are not permitted past the guard gate. Entry through the security gate is restricted to pickup of purchased vehicles and equipment. Entry requires valid identification that includes a photograph.

16. POINT OF CONTACT:

• Auctioneer: National Auction Company
  Contact Name: George Richards
  Contact Number: 954-658-5033
  Contact Email: grichards@natlauction.com

National Auction Company
Licensed Real Estate Brokers & Auctioneers
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